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Case Law

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Collective redundancies: reinstatement is initiated in case of defective communication

In ruling no. 9800 of 25 March 2022, the Court of Cassation ruled that - if the notice referred to in Art. 4, paragraph 9, Law no. 223/1991…

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Dismissal of the unitary union representative body (RSU) delegate without authorisation constitutes anti-union conduct   

The Court of Santa Maria Capua Vetere, by decree under art. 28, Law no. 300/1970, of 24 February 2022, stated that the dismissal of a trade union delegate,…

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Exceeding the protected period and unchangeability of the dismissal notice

In ruling no. 8628 of 16 March 2022, The Court of Cassation ruled that the validity of dismissal for exceeding the protected period “'by summation” requires specification of…

Insights, News

Dismissal for just cause: disciplinary notice

In its ruling no. 3820 of 7 February 2022, the Court of Cassation established that the disciplinary notice shows the worker of the facts of which they have…

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Waiver of right to appeal against dismissal: right available

With its ruling no. 1887 of 21 January 2022, the Court of Cassation stated that the employee might freely dispose of the right to challenge the employment relationship…

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Individual dismissal on the same grounds as collective dismissal is null and void for fraudulent conduct

With its order no. 7400 of 7 March 2022, the Court of Cassation ruled that an individual dismissal for objective justified reason, for the same reasons as those…

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Threat of dismissal constitutes extortion

With its ruling no. 3724/2022, filed on 2 February, the Court of Cassation held that an employer who “warns” staff that they may lose their job to force…

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Termination for managers sending angry emails to senior management is legitimate

With its order no. 2246 of 26 January 2022, the Court of Cassation ruled that a manager who sent an angry email to the company's top management engaged…

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Probation clause: referring to collective bargaining is not enough

With its ruling no. 1099 of 14 January 2022, the Court of Cassation stated that specifying duties covered by the probation clause may refer to the collective agreement…

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Collective dismissal: criteria for limiting the range of surplus employees of a department

The Court of Cassation with its order no. 1242 of 17 January 2022, ruled on the limitation, to a certain department, of the range of employees to dismiss…

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